SRI MUNIRAJU vs SMT SUSHEELAMMA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58655
WP No. 31645 of 2026
C/W WP No. 31806 of 2026
CNR: KAHC010693762026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 31645 OF 2026 (GM-CPC)
C/W
WRIT PETITION NO. 31806 OF 2026 (GM-CPC)
IN WP No. 31645/2026
BETWEEN:
1. SRI MUNIRAJU
S/O LATE NANJAPPA
AGE ABOUT 73 YEARS
R/A GOKARE VILLAGE KASABA HOBLI
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT 562110
2.
SRI NARAYANASWAMY
S/O LATE NANJAPPA
AGE ABOUT 64 YEARS
R/A GOKARE VILLAGE KASABA HOBLI
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT 562110
3. SRI RAMESH
S/O LATE NANJAPPA
AGE ABOUT 57 YEARS
R/A GOKARE VILLAGE KASABA HOBLI
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT 562110
Digitally
signed by
VINUTHA B S
Location:
High Court of
Karnataka
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HC-KAR
NC: 2026:KHC:58655
WP No. 31645 of 2026
C/W WP No. 31806 of 2026
CNR: KAHC010693762026
4. SRI BEEMESH
S/O LATE NANJAPPA
AGE ABOUT 53 YEARS
R/A GOKARE VILLAGE KASABA HOBLI
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT 562110
5. SMT MUNI LAKSHMAMMA
S/O LATE NANJAPPA
AGE ABOUT 70YEARS
R/A GOKARE VILLAGE KASABA HOBLI
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT 562110
6.
SMT CHIKKAMMA
D/O LATE NANJAPPA
AGE ABOUT 68
R/A GOKARE VILLAGE KASABA HOBLI
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT 562110
7.
SMT SAROJAMMA
D/P LATE NANJAPPA
AGE ABOUT62 YEARS
R/A GOKARE VILLAGE KASABA HOBLI
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT 562110
8. SMT PRAMILAMMA
D/O LATE NANJAPPA
W/O UMESH GOWDA
AGE ABOUT 59 YRARS
R/A SEETHAKEMPANAHALLI VILLAGE
KAKOLU POST HESARAGHATTA HOBLI
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HC-KAR
NC: 2026:KHC:58655
WP No. 31645 of 2026
C/W WP No. 31806 of 2026
CNR: KAHC010693762026
YELAHANKA TALUK
BENGALURU 560089
…PETITIONERS
(BY SRI. ANJANEYA A. B., ADVOCATE)
AND:
1. SMT SUSHEELAMMA
D/O LATE KEMPANNA @ KEMPAIAH
W/O MUNISONNAPPA
AGE ABOUT 72 YEARS
R/A BASAPURA VILLAGE
CHANNARAYAPATNA HOBLI
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT 562135
2. SMT NEELAMMA
D/O LATE KEMPANNA @ KEMPAIAH
W/O MUNIVENKATAPPA
AGE ABUT 68 YEARS
R/A BASAPURA VILLAGE
CHANNARAYAPATNA HOBLI
DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT 562135
3. SRI GOVINDARAJU K
S/O KEMPANNA @ KEMPAIAH
AGE ABOUT 65 YEARS
R/A38 BELAKU 1ST B CROSS SHIVAPURA
KATTIGENAHALLI POST JALA HOBLI YELAHANKA
TALUK BENGALURU URBAN DISTRICT 562114
4. SMT SHANTHA S
W/O GOVINDARAJU K
AGE ABOUT 65 YEARS
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HC-KAR
NC: 2026:KHC:58655
WP No. 31645 of 2026
C/W WP No. 31806 of 2026
CNR: KAHC010693762026
R/A38 BELAKU 1ST B CROSS SHIVAPURA
KATTIGENAHALLI POST JALA HOBLI YELAHANKA
TALUK BENGALURU URBAN DISTRICT 562114
5. SRI. AVINASH G
S/O GOVINDARAJU K,
AGED ABOUT 40 YEARS,
R/AT NO. 38 BELAKU, 1ST B CROSS,
SHIVAPURA, KATTIGENAHALLI POST,
JALA HOBLI, YELAHANKA TALUK,
BENGALURU URBAN DISTRICT 562 114
6. SRI POORNA CHANDRA,
S/O GOVINDARAJU K,
AGED ABOUT 36 YEARS,
R/AT NO. 38 BELAKU, 1ST B CROSS,
SHIVAPURA, KATTIGENAHALLI POST,
JALA HOBLI, YELAHANKA TALUK,
BENGALURU URBAN DISTRICT 562 114
7. SMT. SHUBHA N R
W/O POORNA CHANDRA,
AGED ABOUT 32 YEARS,
R/AT NO. 38 BELAKU, 1ST B CROSS,
SHIVAPURA, KATTIGENAHALLI POST,
JALA HOBLI, YELAHANKA TALUK,
BENGALURU URBAN DISTRICT 562 114
8. KUMARA. AARYAN GOWDA,
S/O POORNA CHANDRA,
AGED ABOUT 4 YEARS,
REP BY HIS NATURAL GUARDIAN/FATHER
SRI.POORNA CHANDRA,
R/AT NO. 38 BELAKU, 1ST B CROSS,
SHIVAPURA, KATTIGENAHALLI POST,
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HC-KAR
NC: 2026:KHC:58655
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JALA HOBLI, YELAHANKA TALUK,
BENGALURU URBAN DISTRICT 562 114
9. SRI MANJUNATH V
S/O K VENKATAPPA AND NEELAMMA
AGED ABOUT 46 YEARS,
R/AT I BASAPURA VILLAGE,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562 135
10. SRI AMBARISH
S/O K VENKATAPPA AND NEELAMMA
AGED ABOUT 44 YEARS,
R/AT I BASAPURA VILLAGE,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562 135
11.
SMT. SUJATHA
D/O SONNAPPA AND SUSHEELAMMA,
AGED ABOUT 45 YEARS,
R/AT DINNURU VILLAGE,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562 135
12. SRI G MURALIKRISHNA
S/O M GURAPPA,
AGED ABOUT 54 YEARS,
R/AT NO. 2, 3RD CROSS,
K V LANE AKKIPET MAIN ROAD,
CHIKKAPETE POST,
BENGALURU SOUTH,
BENGALURU 560053
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HC-KAR
NC: 2026:KHC:58655
WP No. 31645 of 2026
C/W WP No. 31806 of 2026
CNR: KAHC010693762026
13. SMT M SUJATHA
W/O G MURALIKRISHNA,
AGED ABOUT 46 YEARS,
R/AT NO. 2, 3RD CROSS,
K V LANE AKKIPET MAIN ROAD,
CHIKKAPETE POST,
BENGALURU SOUTH,
BENGALURU 560053
14. SRI. MUNIKRISHNAPPA,
S/O LATE NANJAPPA,
AGED ABOUT 75 YEARS,
R/AT GOKARE VILLAGE,
KASABA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562 110
…RESPONDENTS
(VIDE ORDER DATED 15.10.2026
NOTICE TO RESPONDENTS IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 11/09/2026 PASSED ON IA NO. II
FILED BY THE PETITIONERS UNDER ORDER XXXIX RULE 1 AND
2 READ WITH SECTION 151 OF CPC IN O. S. NO. 457/2026
PENDING BEFORE THE HONBLE II ADDITIONAL CIVIL JUDGE
AND JMFC, DEVANAHALLI VIDE ANNEXURE-C ETC.
IN WP NO. 31806/2026
BETWEEN:
1. SRI MUNIRAJU
S/O LATE NANJAPPA
AGED ABOUT 73 YEARS
R/AT GOKARE VILLAGE,
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HC-KAR
NC: 2026:KHC:58655
WP No. 31645 of 2026
C/W WP No. 31806 of 2026
CNR: KAHC010693762026
KASABA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562110
2. SRI NARAYANASWAMY
S/O LATE NANJAPPA
AGED ABOUT 64 YEARS
R/AT GOKARE VILLAGE,
KASABA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562110
3. SRI RAMESH
S/O LATE NANJAPPA
AGED ABOUT 57 YEARS
R/AT GOKARE VILLAGE,
KASABA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562110
4. SRI BEEMESH
S/O LATE NANJAPPA
AGED ABOUT 53 YEARS
R/AT GOKARE VILLAGE,
KASABA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562110
5. SMT MUNI LAKSHMAMMA
D/O LATE NANJAPPA
AGED ABOUT 70 YEARS
R/AT GOKARE VILLAGE,
KASABA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562110
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HC-KAR
NC: 2026:KHC:58655
WP No. 31645 of 2026
C/W WP No. 31806 of 2026
CNR: KAHC010693762026
6. SMT CHIKKAMMA
D/O LATE NANJAPPA
AGED ABOUT 68 YEARS
R/AT GOKARE VILLAGE,
KASABA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562110
7. SMT SAROJAMMA
D/O LATE NANJAPPA
AGED ABOUT 62 YEARS
R/AT GOKARE VILLAGE,
KASABA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562110
8. SMT PRAMILAMMA
D/O LATE NANJAPPA
W/O UMESH GOWDA
AGED ABOUT 59 YEARS
R/AT SEETHAKEMPANAHALLI VILAGE,
KAKOLU POST, HESARAGHATTA HOBLI,
YELAHANKA TALUK
BENGALURU 560089
...PETITIONERS
(BY SRI. ANJANEYA A. B.,ADVOCATE)
AND:
1.
SMT SUSHEELAMMA
D/O LATE KEMPANNA @ KEMPAIAH
W/O MUNISONNAPPA
AGED ABOUT 72 YEARS
R/AT I BASAPURA VILLAGE,
CHANNARAYAPATNA HOBLI,
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HC-KAR
NC: 2026:KHC:58655
WP No. 31645 of 2026
C/W WP No. 31806 of 2026
CNR: KAHC010693762026
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562135
2. SMT NEELAMMA
D/O LATE KEMPANNA @ KEMPAIAH
W/O MUNIVENKATAPPA
AGED ABOUT 68 YEARS
R/AT I BASAPURA VILLAGE,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT 562135
3. SRI GOVINDARAJU K
S/O LATE KEMPANNA @ KEMPAIAH
AGED ABOUT 72 YEARS
R/AT NO 38 BELAKU 1ST B CROSS,
SHIVAPURA, KATTIGENAHALLI POST,
JALA HOBLI, YELAHANKA TALUK
BENGALURU URBAN DISTRICT 562114
4. SMT. SHANTHA. S,
W/O GOVINDARAJU K, AGED ABOUT 65 YEARS,
R/AT NO. 38, BELAKU 1ST 'B' CROSS,
SHIVAPURA, KATTIGENAHALLI POST,
JALA HOBLI, YELAHANKA TALUK,
BENGALURU URBAN DISTRICT-562114
5. SRI. AVINASH G,
S/O GOVINDARAJU K, AGED ABOUT 40 YEARS,
R/AT NO. 38, BELAKU 1ST 'B' CROSS,
SHIVAPURA, KATTIGENAHALLI POST,
JALA HOBLI, YELAHANKA TALUK,
BENGALURU URBAN DISTRICT-562114
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HC-KAR
NC: 2026:KHC:58655
WP No. 31645 of 2026
C/W WP No. 31806 of 2026
CNR: KAHC010693762026
6. SRI. POORNA CHANDRA,
ANJANEYA. A B
S/O GOVINDARAJU K,
AGED ABOUT 36 YEARS,
R/AT NO. 38, BELAKU 1ST 'B' CROSS,
SHIVAPURA, KATTIGENAHALLI POST,
JALA HOBLI, YELAHANKA TALUK,
BENGALURU URBAN DISTRICT-562114.
7. SMT. SHUBHA N R,
W/O POORNA CHANDRA,
AGED ABOUT 32 YEARS,
R/AT NO. 38, BELAKU 1ST 'B' CROSS,
SHIVAPURA, KATTIGENAHALLI POST,
JALA HOBLI, YELAHANKA TALUK,
BENGALURU URBAN DISTRICT-562114.
8. KUMARA. AARYAN GOWDA,
S/O POORNA CHANDRA,
AGED ABOUT 4 YEARS,
REPRESENTED BY HIS NATURAL GUARDIAN/FATHER
SRI. POORNA CHANDRA
R/AT NO. 38, BELAKU 1ST 'B' CROSS,
SHIVAPURA, KATTIGENAHALLI POST,
JALA HOBLI, YELAHANKA TALUK,
BENGALURU URBAN DISTRICT-562114.
9. SRI. MANJUNATH V,
S/O K. VENKATAPPA AND NEELAMMA,
AGED ABOUT 46 YEARS,
R/AT I. BASAPURA VILLAGE,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT- 562135.
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HC-KAR
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WP No. 31645 of 2026
C/W WP No. 31806 of 2026
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10. SRI. AMBARISH,
S/O K. VENKATAPPA AND NEELAMMA,
AGED ABOUT 44 YEARS,
R/AT I. BASAPURA VILLAGE,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT- 562135.
11. SMT. SUJATHA,
D/O SONNAPPA AND SUSHEELAMMA,
AGED ABOUT 45 YEARS,
R/AT DINNURU VILLAGE,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT- 562135.
12. SRI. G. MURALIKRISHNA,
S/O M. GURAPPA,
AGED ABOUT 54 YEARS,
R/AT NO.2, 3RD CROSS,
K.V. LANE, AKKIPET MAIN ROAD,
CHIKKAPETE POST, BENGALURU SOUTH,
BENGALURU-560053.
13. SMT. M. SUJATHA,
W/O G. MURALIKRISHNA,
AGED ABOUT 46 YEARS,
R/AT NO.2, 3RD CROSS, K.V. LANE,
AKKIPET MAIN ROAD, CHIKKAPETE POST,
BENGALURU SOUTH, BENGALURU-560053.
14. SRI. MUNIKRISHNAPPA,
S/O LATE NANJAPPA,
AGED ABOUT 75 YEARS,
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HC-KAR
NC: 2026:KHC:58655
WP No. 31645 of 2026
C/W WP No. 31806 of 2026
CNR: KAHC010693762026
R/AT GOKARE VILLAGE,
KASABA HOBLI, DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT-562110.
...RESPONDENTS
(VIDE ORDER DATED 15.10.2026 NOTICE TO
RESPONDENTS IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 11/09/2026 PASSED ON IA NO.
III FILED BY THE PETITIONERS UNDER ORDER XXXIX RULE
1 AND 2 READ WITH SECTION 151 OF CPC IN O. S. NO.
457/2026 PENDING BEFORE THE HONBLE II ADDITIONAL
CIVIL JUDGE AND JMFC, DEVANAHALLI VIDE ANNEXURE-C
ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE K. V. ARAVIND
ORAL ORDER
These petitions are filed impugning the common order
dated 11.09.2026 passed on I.A. Nos. II and III in O.S. No.
457/2026, whereby the Trial Court issued notice on the said
applications.
2. Learned counsel for the petitioners submits that the
petitioners have instituted a suit seeking a decree of permanent
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injunction against the respondents on the basis of the shares
allotted to them in FDP No.20/2006. It is submitted that the
defendants have instituted multiple proceedings and are
attempting to deprive the petitioners of the fruits of the decree
by seeking to dispossess them and create third-party interests
in the suit schedule property by transferring the same. It is
further submitted that the petitioners are in possession of the
suit schedule property in terms of the final decree passed by
the Trial Court. Therefore, it is contended that the possession
and title in respect of the suit schedule property are required to
be preserved pending consideration of the applications filed
under Order XXXIX Rules 1 and 2 of the Code of Civil
Procedure.
3. Considered the submissions made by learned counsel for
the petitioners and perused the impugned order and the
pleadings.
4. It is evident from the impugned order that the Trial Court
has recorded that the plaintiffs claim to be in possession of the
suit schedule property pursuant to the final decree proceedings.
A perusal of the final decree proceedings on record lends
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NC: 2026:KHC:58655
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C/W WP No. 31806 of 2026
CNR: KAHC010693762026
support to the said submission. Though the suit is one for
injunction, the dispute is between family members involved in
partition proceedings. If the petitioners, who claim to be in
possession of the suit schedule property, are dispossessed or
third-party interests are created in respect of the said property,
the very purpose of the applications would be defeated, thereby
rendering them infructuous.
5. In the above circumstances, this Court is inclined to
interfere with the impugned order to a limited extent. Notice to
the respondents is accordingly dispensed with. Accordingly, the
following:
ORDER
i. Writ petitions are disposed of , directing both
the parties to maintain status quo in respect of
possession and the title with regard to suit
schedule property, till consideration of pending
I.A.Nos.II and III in O.S.No.457/2026 by the
Trial Court.
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NC: 2026:KHC:58655
WP No. 31645 of 2026
C/W WP No. 31806 of 2026
CNR: KAHC010693762026
ii. The Trial Court is directed to expedite and
dispose of the pending applications with an outer
limit of two months from the next date of
hearing i.e. 05.11.2026.
Sd/-
(K. V. ARAVIND)
JUDGE
DDU
List No.: 1 Sl No.: 28